The fiscal year of the City shall commence on January 1st and end on December 31st of each year.

(Ord. 2710 § 1, 9/11/1992)

Chapter 35A.33 of the Revised Code of Washington provides for the establishment and administration of annual budgets by non-charter code cities in the State of Washington. Said chapter, including amendments which may be hereafter enacted, is hereby adopted by reference.

(Ord. 2710 § 1, 9/11/1992)

The fiscal annual budget for the City of Port Angeles shall be in effect for the period of January 1, 1993, through December 31, 1993, and for succeeding annual budgets as designated in PAMC 3.04.010.

(Ord. 2710 § 1, 9/11/1992)

There is created a fund in the City Treasury which shall be called the "Contingency Fund." This fund shall be used for the purposes, and in the manner, set forth in RCW 35A.33.145 and RCW 35A.33.146 as now or hereafter amended.

(Ord. 2710 § 1, 9/11/1992)

When the City receives bids or quotes and it is necessary to determine the lowest responsible bidder, the following shall apply:

A.

For a contract for purchase of supplies, material or equipment, the City may take into consideration the quality of the articles proposed to be supplied, their conformity with the specifications, the purposes for which required, and the times of delivery.

B.

Whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and new bids may be obtained or direct negotiations may be entered into to achieve the best possible price.

C.

In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:

1.

The ability, capacity, and skill of the bidder to perform the contract;

2.

The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

3.

Whether the bidder can perform the contract within the time specified;

4.

The quality of performance of previous contracts;

5.

The previous and existing compliance by the bidder with laws relating to the contract;

6.

Such other information as may be secured having a bearing on the decision to award the contract;

7.

Tax revenue that the City would receive from purchasing the supplies, materials, or equipment from a supplier located within the City's boundaries, so that the purchase contract would be awarded to the lowest bidder after such tax revenue has been considered. The tax revenues that the City may consider include sales taxes that the City imposes upon the sale of such supplies, materials, or equipment, from the supplier to the City, provided that if the City considers such tax revenues that it would receive from the imposition of taxes upon a supplier located within its boundaries, the City shall also consider tax revenues it would receive from taxes it imposes upon a supplier located outside its boundaries;

8.

Whether the products are made from recycled materials or may be recycled or reused.

D.

Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by written, telephonic, or electronic request.

(Ord. 3603 § 1, 3/6/2018)

A.

Whenever the reasonably anticipated purchase price of supplies, material and equipment, except for public work or improvement, is more than $7,500.00 but less than $15,000.00, advertisement and formal sealed bidding for their purchase may be dispensed with if the uniform procedure provided in RCW 39.04.190 and in this section is followed.

B.

At least twice per year, the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of vendor lists and soliciting the names of vendors for the lists.

C.

Each City department that desires to award contracts for the purchase of supplies, material or equipment pursuant to this process shall do the following:

1.

Obtain at least three written or telephone quotations from different vendors of the supplies, material or equipment to be purchased.

2.

Transmit the quotes to the City Manager or designee, accompanied by a recommendation for award of the purchase contract to one of the vendors, who shall be the lowest responsible bidder as defined in RCW 43.19.1911 and in section 3.05.050 of this chapter.

3.

If less than three quotes are obtainable due to factors beyond the control of the department, the recommendation to the City Manager or designee shall be accompanied by an explanation of the reasons for the lower number of quotes.

(Ord. 3603 § 1, 3/6/2018)

A.

In lieu of the formal bidding procedures for public works projects as set forth in RCW 35.23.352(1), the City may use the small works roster process provided in RCW 39.04.155 and in this section to award public works contracts with an estimated value of $300,000.00 or less.

B.

The City may create a single general small works roster or may create small works rosters for different categories of anticipated work. The small works roster or rosters shall be created as follows:

1.

At least once a year the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of the small works roster or rosters and soliciting the names of contractors for such roster or rosters. In addition, responsible contractors shall be added to an appropriate roster or rosters at any time they submit a written request and necessary records.

2.

The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list and are properly licensed or registered to perform such work in this state.

C.

Each City department that desires to use the small works roster process without advertising for bids shall do the following:

1.

Invite written or telephone quotations from all contractors on the general small works roster, or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder as defined in section 3.05.010 of this chapter.

2.

As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster and that will not favor certain contractors over others.

3.

If the estimated cost of the work is from $100,000.00 to $200,000.00 and the City department chooses to solicit bids from less than all of the appropriate contractors on the appropriate small works roster, then the City must notify the remaining contractors that quotations are being sought. At the City's sole option, such notice may be by: (a) publishing notice in a legal newspaper in general circulation in the City; (b) mailing a notice to those contractors; or (c) sending notice to those contractors by facsimile or other electronic means.

4.

Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished.

5.

Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by written, telephonic, or electronic request.

D.

The City has contracted with and hereby is authorized to use the Municipal Research Services Center of Washington (MRSC) for the City use of state-wide electronic databases for small works rosters and consulting services as developed and maintained by MRSC. In addition, paper or electronic rosters may be kept on file by appropriate City departments.

(Ord. 3603 § 1, 3/6/2018)

A.

In lieu of the small works roster process set forth in section 3.05.030 of this chapter, the City may award a contract for work, construction, alteration, repair, or improvement project estimated to cost less than $35,000.00 using the limited public works process provided in RCW 39.04.155 and in this section.

B.

For limited public works projects, the City shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 43.19.1911 and in section 3.05.050 of this chapter. After an award is made, the quotations shall be open to public inspection and available by written, telephonic, or electronic request.

C.

The City shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the City.

D.

For limited public works projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's non-payment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on the contractor's behalf.

(Ord. 3603 § 1, 3/6/2018)

A.

Each department that makes an award for a purchase contract under the informal bidding process in section 3.05.070 of this chapter or a public works project award under the small works roster process in section 3.05.080 of this chapter or the limited public works process in section 3.05.090 of this chapter shall provide the City Clerk with the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded.

B.

The City Clerk shall post a list of the contracts awarded under section 3.05.070 of this chapter at least once every two months. The City Clerk shall make available a list of the contracts awarded under section 3.05.080 of this chapter at least once every year. The City Clerk shall make available a list of the contracts awarded under section 3.05.090 of this chapter, which list shall include all contracts awarded during the previous 24 months under the limited public works process. The lists shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date the contract was awarded. The lists shall also state the location where the bid quotations for these contracts are available for public inspection. The quotations shall be available by written, telephonic, or electronic request.

(Ord. 3603 § 1, 3/6/2018)

A.

Consulting services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020.

B.

Publication. At least once a year, on behalf of the City, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the City who can provide further details as to the City's projects needs for consulting services. Firms or persons providing consulting services shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a consulting services roster.

C.

Professional architectural and engineering services. The MRSC rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services and will announce generally to the public the City's projected requirements for any category or type of professional or other consulting services. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency and to use paper and/or other electronic rosters that may be kept on file by appropriate City departments.

(Ord. 3603 § 1, 3/6/2018)

A.

The City Manager or designee is hereby authorized to enter into contracts and leases or rental agreements provided that the following conditions are met:

1.

The contract does not obligate the City to expend in excess of $25,000.00.

2.

The particular expenditure of City funds has been approved in the City budget as approved by the City Council.

3.

The lease or rental agreement is for a period that does not exceed one year and involve a total rental amount or value that does not exceed $25,000.00.

4.

The City Manager or designee shall notify the Council in writing of contracts entered into pursuant to this section.

B.

The City Manager or designee is hereby authorized to enter into contract change orders or amendments provided the value of the change order or amendment, together with all previous change orders or amendments, is 15% of the original contract amount or $25,000.00, whichever is greater.

(Ord. 3603 § 1, 3/6/2018)

1.

Definition. A "finished compost product" means a product created with "composted material" as defined in RCW 70A.205.015(3). Finished compost products include, but are not limited to, 100 percent finished compost or blends that include compost as a primary ingredient. Mulch is considered a finished compost product if it contains a minimum of 60 percent composted material. Bark is not a finished compost product.

2.

General policy. The City of Port Angeles, WA will purchase finished compost products for use in public projects in which compost is an appropriate material in city projects or on city land. Pursuant to RCW 43.19A.130, the City will strive to purchase an amount of finished compost products that is equal or greater than 50 percent of the amount of organic materials delivered to the compost processor.

3.

Local purchasing. The City of Port Angeles will purchase finished compost products from companies producing compost locally, are certified by a nationally recognized organization, such as the United States Composting Council, and produce finished compost products that are derived from municipal solid waste compost programs while meeting quality standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology.

4.

Planning. In order to meet the general policy, the City will plan for compost use in the following categories:

a.

Landscaping projects;

b.

Construction and postconstruction soil amendments;

c.

Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and

d.

Low-impact development of green infrastructure to filter pollutants to keep water onsite or both.

This plan will be re-assessed by December 31, 2025, and each December 31 ^st of even-numbered years thereafter as part of its reporting obligations in Section 6.

5.

Education. The City of Port Angeles will conduct educational outreach to inform residents about the value of compost and how the City uses compost in its operations each year.

6.

Reporting. By December 31, 2024, and each December 31 ^st of even-numbered years thereafter, the City of Port Angeles will report the following information to the Department of Ecology:

a.

The total tons of organic material diverted each year;

b.

The volume and cost of composted material purchased each year; and

c.

The source(s) of the finished compost product purchased.

(Ord. 3731, § 1, 8/20/2024)

There is imposed a sales or use tax, as the case may be, upon every taxable event, as defined in RCW 82.14.020 occurring within the City. The tax shall be imposed upon and collected from those persons from whom the State sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW.

(Ord. 1686 § 1, 5/27/1970)

The rate of the tax imposed by section 3.12.010 shall be one-half of one percent of the selling price or value of the article used, as the case may be. Provided, however, that during such period as there is in effect a sales or use tax imposed by Clallam County, the rate of tax imposed by this chapter shall be four hundred twenty-five one-thousandths of one percent.

(Ord. 1686 § 2, 5/27/1970)

The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.14.050.

(Ord. 1686 § 3, 5/27/1970)

The City consents to the inspection of such records as are necessary to qualify the City for inspections of records of the Department of Revenue, pursuant to RCW 82.32.330.

(Ord. 1686 § 4, 5/27/1970)

The City Manager is authorized to enter into a contract on behalf of the City with the State Department of Revenue for administration of the tax.

(Ord. 1686 § 5, 5/27/1970)

Any seller who fails or refuses to collect the use tax as required with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter is guilty of a misdemeanor and punishable as set forth in section 1.24.010.

(Ord. 1686 § 7, 5/27/1970)

There is hereby imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.030(2), upon every taxable event, as defined in RCW 82.14.020, occurring within the City. The tax shall be imposed upon and collected from those persons from whom the State sales or use tax is collected pursuant to Chapter 82.08 and 82.12 RCW.

(Ord. 2225 § 1, 10/1/1982)

The rate of the tax imposed by section 3.14.010 shall be one-half of one percent of the selling price or value of the article used, as the case may be. Provided, however, that during such period that there is in effect a sales tax or use tax imposed by Clallam County under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session, at a rate equal to or greater than the rate imposed by this section, the County shall receive 15 percent of the tax imposed by section 3.14.010. Provided further, that during such period as there is in effect a sales tax or use tax imposed by Clallam County under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session, at a rate which is less than the rate imposed by this section, the County shall receive from the tax imposed by section 3.14.010 that amount of revenues equal to 15 percent of the rate of the tax imposed by the County under Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session.

(Ord. 2225 § 2, 10/1/1982)

The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.14.050.

(Ord. 2225 § 7, 10/1/1982)

The City consents to the inspection of such records as are necessary to qualify the City for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330.

(Ord. 2225 § 4, 10/1/1982)

The Mayor and Clerk are hereby authorized to enter into a contract with the Department of Revenue for the administration of this tax.

(Ord. 2225 § 5, 10/1/1982)

This chapter shall be subject to a special initiative. The number of registered voters needed to sign a petition for a special initiative shall be 15 percent of the total number of names of persons listed as registered voters within the City on the day of the last preceding municipal general election. If a special initiative petition is filed with the City Council the operation of this chapter shall not be suspended pending a final decision on the disposition of the special initiative. The procedures for initiative contained in RCW 35A.11.100 shall apply to any such special initiative petition.

(Ord. 2241 § 1, 1/3/1983; Ord. 2225 § 6, 10/1/1982)

Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined no more than $500.00 or imprisoned for not more than six months, or by both such fine and imprisonment.

(Ord. 2225 § 7, 10/1/1982)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting of revenue received from the local option sales tax for criminal justice purposes. Said fund shall be entitled "Criminal Justice Fund."

(Ord. 2890 § 10, 10/13/1995)

There is established a special revenue fund to be called the Medic I fund. Any and all revenues received from the Medic I charge set forth in PAMC 8.36.030 shall be credited to the Medic I fund.

Any and all charges beyond a person's or business' insurance coverage, which charges are waived in accordance with PAMC 8.36.050.A. and B., shall be debited against the Medic I fund.

(Ord. 3143 § 3 (part), 7/25/2003)

Editor's note— Ord. 3526 § 1, adopted Dec. 16, 2014, repealed § 3.15.015, entitled "Economic Development and Port Angeles Works Funds created", which derived from: Ord. 3210; Ord. 3005, adopted Dec. 25, 1998; and Ord. 2973, adopted Nov. 14, 1997.

There is hereby established in the City Treasury a fund for the fiscal administration and accounting of revenue appropriated by the City Council from the lighting fund for economic development activities to be overseen and directed by the Economic Development Steering Committee. Said fund shall be entitled "Electric Utility Rural Economic Development Revolving Fund No. 150" and shall be administered consistent with the requirements of Chapter 82.16 RCW.

The Finance Committee shall have the authority and responsibility to oversee and direct the activities, and to serve as the Board of Directors, of the electric utility rural economic development revolving fund as set forth in PAMC 3.15.017 and Chapter 82.16 RCW. The Committee shall have the authority and responsibility to determine all criteria and conditions for the expenditure of funds from the electric utility rural economic development revolving fund and for the terms and conditions of repayment.

(Ord. 3210 § 2, 7/15/2005; Ord. 3024 § 1, 9/17/1999)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting for revenue and expenditures associated with park and related facilities. Said fund shall be entitled "City Parks Improvement Fund."

A.

Fund created. There is hereby established in the City Treasury a special fund designated and known as the "City Parks Improvement Fund."

B.

Revenue. All sums received as revenue, income, fees, or donations to the City's park facilities and recreation programs shall be deposited, to and kept in the "City Parks Improvement Fund."

C.

Expenditures. The "City Parks Improvement Fund." shall be used and expended only: (1) for the payment of necessary or proper expenditures or obligations incurred in or incident to the maintenance, repair, improvement, or capital projects for the City's parks, and (2) usual expenses related to the administration of the fund. Disbursements shall be made out of said fund upon the request of the Director of Parks and Recreation.

D.

Administration. The Finance Director is charged with administration of said fund.

(Ord. 3585 § 1, 6/20/2017; Ord. 2890 § 11, 10/13/1995)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting for donations and disbursement of monies to assist low income utility customers in paying their utility bills. Said fund shall be entitled "Utility Voluntary Contribution Program Fund."

(Ord. 2890 § 12, 10/13/1995)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting of:

(1)

Federal grant funds that are loaned or granted as financial assistance to low income homeowners; and

(2)

Sales tax, sales tax credits, and money from other sources collected specifically for affordable housing needs.

Said fund shall be entitled "Affordable housing and rehabilitation program fund."

(Ord. 3658 § 1, 4/7/2020; Ord. 2890 § 15, 10/13/1995)

Editor's note— Formerly entitled "Housing rehabilitation program fund created," which was amended as herein set out by Ord. 3658.

The Director of Finance is charged with the administration of the funds created in sections 3.15.010, 3.15.012, 3.15.020, 3.15.030, 3.15.040, 3.15.050, and 3.15.060 above.

(Ord. 3143 § 3 (part), 7/25/2003; Ord. 2890 § 16, 10/13/1995)

There is hereby established in the City Treasury a special fund designated and known as the "William Shore Memorial Pool District Fund."

(Ord. 3386, 12/11/2009)

All sums collected under the Agreement for Operation of William Shore Memorial Pool dated June 26, 2009 between the City and the William Shore Memorial Pool District shall be deposited and kept in the "William Shore Memorial Pool District Fund."

(Ord. 3386, 12/11/2009)

The "William Shore Memorial Pool District Fund" shall be used and expended only for the payment of necessary or proper expenditures or obligations incurred in or incident to the performance of the City's duties and obligations under the contract between the City and William Shore Memorial Pool District.

(Ord. 3386, 12/11/2009)

The Director of Public Works and Utilities is authorized to approve expenditures from this fund. The Finance Director is charged with administration of said fund.

(Ord. 3386, 12/11/2009)

There is created in the Treasury of the City a fund to be designated as the "Cemetery Perpetual Care Fund." Said Fund is comprised of receipts from the sale of Cemetery lots, tracts, parcels, donations, bequests, or grants received or allocated prior to April 1, 1981.

(Ord. 2131 § 1, 3/16/1981; Ord. 1864 § II(a), 12/14/1975)

The principal of the Cemetery Perpetual Care Fund shall be irreducible and shall be invested in safe investments until the present cemetery is filled to capacity. Thereafter, these earnings shall be used for the perpetual care of the lots, tracts or parcels of land so sold.

(Ord. 2131 § 2, 3/16/1981; Ord. 1864 § II(b), 12/14/1975)

Funds for the maintenance of the Ocean View Cemetery shall be paid for from the Parks and Recreation Department budget of the Current Expense Fund, until such time as the earnings of the Cemetery Perpetual Care Fund become available for this purpose as provided by section 3.20.020.

(Ord. 2131 § 3, 3/16/1981; Ord. 1864 § II(c), 12/14/1975)

A.

The City Council may, from time to time, place additional funds in the Perpetual Care Fund from sources which may be designated for perpetual care purposes.

B.

1.

The City Council may establish an ongoing allocation to the Perpetual Care Fund if, in its opinion, the current or future earnings of the Perpetual Care Fund are not sufficient to provide ongoing funds for maintenance of the cemetery once it is filled to capacity.

2.

The determination to establish an ongoing allocation to the Care Fund shall be made after financial analysis which shall include the following considerations:

a.

A forecast of the service life of the cemetery made by examining past and future sales trends in lots, parcels, etc., and an estimate of the developed and undeveloped lots remaining to be sold in the cemetery;

b.

An estimate of the year at which capacity will be attained in the cemetery, computed by comparing forecasted sales rate to the number of developed and undeveloped lots remaining to be sold;

c.

An analysis of the estimated future value of the Care Fund using current and estimated earnings rates through the year at which capacity will be attained;

d.

An estimate of the Care Fund earnings potential after capacity is reached;

e.

Any other actuarial data pertinent to the analysis.

(Ord. 2131 § 4, 3/16/1981; Ord. 1864 § III, 12/14/1975)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting for moneys held in trust to the Esther Webster Estate. Said fund shall be entitled "Webster Fine Arts Center Trust Fund."

(Ord. 2380 § 2, 2/24/1986)

The Director of Finance and Administrative Services is charged with the administration of the fund created in section 3.21.020 above.

(Ord. 3398, 4/30/2010; Ord. 2980 § 5, 10/13/1995; Ord. 2380 § 4, 2/24/1986)

There is hereby created a new Special Revenue Fund to be known as the Fine Arts Center Special Revenue Fund.

(Ord. 3483, § 1, 8/6/2013)

The Fine Arts Center Special Revenue Fund is to be used exclusively for the operational revenue and expenses of the Fine Arts Center. All revenue designated for the operation of the Fine Arts Center from whatever source shall be paid into this fund. All costs and expenses of the normal, day-to-day operation of the Fine Arts Center shall be paid from this fund.

(Ord. 3483, § 2, 8/6/2013)

The Chief Financial Officer is directed to transfer to the Fine Arts Center Special Revenue Fund all operating funds currently held in the Webster Fine Arts Center Trust Fund. The City's Director of Parks and Recreation is charged with administration of the Fine Arts Center Special Revenue Fund.

(Ord. 3483, § 3, 8/6/2013)

There is hereby established in the City Treasury a fund for fiscal administration and accounting of moneys appropriated for public works improvement projects. Said fund shall be entitled "Capital Improvement Fund."

(Ord. 3361, 3/13/2009; Ord. 2288 § 3, 3/5/1984)

The Director of Finance and Administrative Services is charged with administration of the fund created in section 3.22.030.

(Ord. 2694 § 1, 6/12/1992; Ord. 2288 § 4, 3/5/1984)

There is hereby established in the City Treasury a special fund designated and known as the "Code Compliance Enforcement Fund."

(Ord. 3608 § 1, 9/4/2018)

Whenever amounts are received or recovered by the City as a result of any action or activity that is supported by payments from this fund, all such amounts shall be deposited as revenue to this fund.

(Ord. 3608 § 1, 9/4/2018)

The "Code Compliance Enforcement Fund" shall be used and expended only for the payment of necessary or proper expenditures and obligations incurred in or incident to: (1) actions undertaken to enforce the City's nuisance, zoning, and land use codes, or (2) actions brought on the basis of the laws of the State of Washington relating to unfit dwellings, buildings, and structures or to condemnation of blighted property.

For purposes of this chapter, "action" means any act, action project or process done directly or indirectly, to enforce the codes or on the basis of the state laws identified in the preceding paragraph, including but not limited to, administrative actions before any agency and legal actions brought in the courts of Washington State.

(Ord. 3608 § 1, 9/4/2018)

The City Attorney is hereby granted the right and authority to control and administer this fund.

(Ord. 3608 § 1, 9/4/2018)

There is created a fund known and designated as the "Electric Fund."

(Ord. 3391 § 1, 2/12/2010; Ord. 374 § 1, 5/5/1910)

All money received for electric power and services of the City's electric utility, and for services of the City's utility, from all sources shall be paid into the "Electric Fund." All expenditures incurred in running and maintaining the electric utilities of the City and for all extensions and necessary outlays in connection therewith shall be paid out of the "Electric Fund" upon disbursements issued against the same, and subject to the following:

A.

Separate accounts shall be maintained within the "Electric Fund" for the City's electric utility, and the funds for each such utility shall be separately accounted for within the Electric Fund.

B.

The funds in the Electric Fund in the account of the electric utility shall be separately identified, budgeted, and used solely for the purposes of that utility; and the funds in the Electric Fund in the account of the utility shall be separately identified, budgeted, and used solely for the purposes of that utility, unless otherwise directed by the City Council.

(Ord. 3528 § 1, 12/16/2014; Ord. 3449 § 1, 3/20/2012; Ord. 3391 § 1, 2/12/2010; Ord. 374 § 2, 5/5/1910)

In accordance with purchasing policies approved by the City Council, disbursements out of the "Electric Fund" shall be made upon request of the City Manager or Director of Public Works and Utilities for all current expenses.

(Ord. 3391 § 1, 2/12/2010; Ord. 374 § 3, 5/5/1910)

The Director of Finance is charged with the administration of said fund.

(Ord. 3391 § 1, 2/12/2010)

There is hereby created in the City Treasury a special revolving fund known and designated as the "Conservation and Renewable Energy Program Fund."

(Ord. 3391 § 2, 2/12/2010; Ord. 3311, 12/14/2007)

The Conservation and Renewable Energy Program Fund shall be used for the fiscal administration and accounting of monies received or appropriated by the City Council for funding the acquisition of energy by the installation of energy conservation measures, renewable energy systems, and distributed generation resources, which funding is in addition to the funding received by the City from the Bonneville Power Administration for such purposes. These acquisitions are made pursuant to RCW 35.92.050. Expenditures incurred by the City, in addition to the funding provided by the Bonneville Power Administration, for the acquisition of energy by the installation of energy conservation measures, renewable energy systems, and distributed generation resources shall be paid out of the Conservation and Renewable Energy Program Fund," in accordance with programs which may be authorized by City Council.

(Ord. 3391 § 2, 2/12/2010; Ord. 3311, 12/14/2007)

In accordance with programs and policies approved by the City Council, disbursements shall be made out of the "Conservation and Renewable Energy Program Fund" upon the request of the City Manager or Director of Public Works and Utilities for payment, reimbursement or guarantee of costs or expenses for the acquisition of energy by the installation of conservation measures, renewable energy systems, and distributed generation resources within the service area of the City Electric Utility. The Director of Public Works and Utilities, or his designee, is authorized to enter into contracts and agreement with City Electric Utility customers to fund the acquisition of energy by installation of conservation measures, renewable energy systems, and distributed generation resources the Director of Public Works and Utilities determines to be cost-effective. Cost-effective shall have the meaning given such term in RCW 80.52.030(7).

(Ord. 3391 § 2, 2/12/2010; Ord. 3311, 12/14/2007)

The Director of Finance is charged with the administration of said fund.

(Ord. 3391 § 2, 2/12/2010; Ord. 3311, 12/14/2007)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting for moneys for the operation of the Clallam County Drug Task Force.

(Ord. 2556 § 2, 12/29/1989)

The Director of Administrative Services is charged with the administration of said fund.

(Ord. 2556 § 3, 12/29/1989)

There is hereby established in the City Treasury a fund for fiscal administration and accounting of funds allocated for the City's Archaeology Program and received from the State of Washington pursuant to a settlement agreement concerning the former Graving Dock site. Said fund shall be entitled "Cultural Resources Fund."

(Ord. 3352, 12/12/2008)

The Director of Finance is charged with administration of the fund. The funds shall be used for the City's archaeology program. The funds shall be paid out for such purposes upon direction of the City's Director of the Department of Community and Economic Development.

(Ord. 3352, 12/12/2008)

There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appropriated for data processing services to be provided to all City departments and funds. Said fund shall be entitled "Information System Fund."

(Ord. 2623 § 1, 1/25/1991)

There is hereby established in the City treasury a fund for fiscal administration and accounting of monies received from private sources for improvements to, and construction of, the Waterfront Trail. Said fund shall be entitled "Waterfront Trail Fund."

(Ord. 2623 § 3, 1/25/1991)

The Director of Finance is charged with administration of the three funds created in sections 3.29.050, 3.29.060, and 3.29.070.

(Ord. 2623 § 4, 1/25/1991)

There is created a special municipal fund in the City Treasury which shall be called the "Self-Insurance Fund." Said fund is established for the following purposes:

A.

Accounting for revenues accumulated for the payment of eligible claims against the City, or establishing reserves for eligible but unpaid claims;

B.

Payment of expenses for safety programs, accident prevention activities, and other measures designed to prevent and reduce industrial accidents or otherwise reduce exposure to loss or liability;

C.

Payment of expenses for professional services for claims administration and loss control;

D.

Payment of premium expense of surplus or excess insurance coverage or surety bonds which may be associated with self-insurance programs.

(Ord. 2087 § I, 7/1/1980)

The City Council may, at its discretion, transfer funds which are budgeted for insurance premiums to the Self-Insurance Fund established in section 3.30.010, to provide moneys for the administration of self-insurance programs; or make supplemental appropriations from other sources to the Self-Insurance Fund as deemed necessary.

(Ord. 2087 § II, 7/1/1980)

A.

The provisions of sections 3.30.040 through 3.30.080 shall apply only to the administration of the municipal self-insurance programs for workmen's compensation (industrial insurance) liabilities stipulated in Title 51 RCW.

B.

It is the specific intention of Sections 3.30.040 through 3.30.080 to establish procedures which comply with the requirements for self-insurers specified in Ch. 51.14 RCW and Ch. 296-15 WAC with respect to self-insurance regulations of the Washington State Department of Labor and Industries.

(Ord. 2087 § III (part), 7/1/1980)

A.

The sum of $100,000.00 is appropriated from the Municipal General Fund for transfer to the Self-Insurance Fund created by this chapter. This sum shall be maintained as a reserve for large claims or losses.

B.

A special reserve account in the Self-Insurance Fund shall be established to account for this reserve.

C.

The reserve account shall not be decreased without prior written approval of the Department of Labor and Industries.

D.

The reserve account shall be increased to the extent that future incurred claim liabilities exceed $100,000.00.

E.

If reduced by a large claim or loss, the full amount of the reserve shall be reported from assets of Self-Insurance Fund or supplemental appropriations of moneys from other municipal funds as determined by the City Council.

(Ord. 2087 § III(A), 7/1/1980)

For purposes of providing ongoing funds in support of the administration of workmen's compensation obligations, the following measures shall be implemented:

A.

All funds provided for worker's compensation insurance in the 1980 budget shall be transferred to the Self-Insurance Fund created by this chapter.

B.

Commencing with the City's fiscal year 1981, annual appropriations shall be made to the Self-Insurance Fund for workmen's compensation obligations only.

Such appropriations shall be computed by multiplying the estimated annual working hours for each class of covered employee, times the following premium rates:

Class Rate per Hour

Electrical workers .....$0.22

Police and Fire employees (eligible employees) .....0.40

All field workers .....0.25

All administrative office, and clerical workers .....0.04

Premium rates for future years may be based upon equivalent premium rates for State fund coverage published in the "Rate of Notice" by the Department of Labor and Industries; or alternate rate calculations as deemed appropriate.

Annual working hours, for purposes of this calculation, shall be based upon 1,850 hours for each covered employee. The following formula shall be used to compute the annual appropriation:

Number of employees in each class, times 1,850, times class rate per hour.

C.

Each municipal fund or department with covered employees shall annually budget funds for contributions to the Self-Insurance Fund based upon the procedure in subsection B. of this section.

D.

Contributions prescribed in this section shall be made annually until the Self-Insurance Fund for workmen's compensation obligations is determined to be self-sufficient; provided, however, that appropriations shall continue for a period of at least three years beginning in 1981.

E.

Contributions made to the Self-Insurance Fund pursuant to sections 3.30.040 through 3.30.080 may be used for all purposes specified in section 3.30.010, or to restore balances in the Self-Insurance Reserve Account created by section 3.30.040.

(Ord. 2087 § III(C), 7/1/1980)

Interest earnings or gains on sales of investments shall accrue to the Self-Insurance Fund to support workmen's compensation claims and administrative costs.

(Ord. 2087 § III(D), 7/1/1980)

The Washington State Department of Labor and Industries, by this chapter, shall be permitted to audit the operation of the reserve account established in section 3.30.040, at any time, and shall be permitted access to any and all records of the City or its depository necessary to complete such audits.

(Ord. 2087 § III(E), 7/1/1980)

The Self-Insurance Fund created by this chapter may be used to account for and administer funds of other municipal self-insurance programs; provided, that procedures for such programs shall not impinge upon funds or reserve accounts established in sections 3.30.030 through 3.30.080. Separate accounting procedures will be implemented for all such programs.

(Ord. 2087 § IV, 7/1/1980)

The Director of Finance and Administrative Services shall administer the City's self-insurance programs, and operation of the Self-Insurance Fund.

(Ord. 2087 § V, 7/1/1980)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting of monies for the operation of PenCom, the emergency communications and records management center operated by the Port Angeles Police Department pursuant to contacts with political subdivisions and municipal corporations within Clallam County.

(Ord. 2691 § 1 (part), 5/29/1992)

The Port Angeles Chief of Police and Finance Director are charged with the administration of said fund.

(Ord. 2691 § 1 (part), 5/29/1992)

There is created and established a special fund designated and known as the "Solid Waste Utility Fund" into which all sums collected under Chapter 13.16, 13.54, and 13.56 shall be deposited and kept and from which all expenses of the administration, maintenance and operation of the Solid Waste Utility shall be paid.

(Ord. 2317 § 1, 10/26/1984)

There is hereby established in the City Treasury a special fund designated and known as the "Stormwater Utility Fund."

(Ord. 3376, 9/25/2009)

All sums collected under Chapter 13.63 shall be deposited and kept in the "Stormwater Utility Fund."

(Ord. 3376, 9/25/2009)

The "Stormwater Utility Fund" shall be used and expended only (1) for the payment of necessary or proper expenditures or obligations incurred in or incident to the repair, improvement, capital projects, upkeep, maintenance or operation of the City's stormwater utility, (2) usual expenses related to the administration of the fund, and (3) compliance with the City's Phase II NPDES stormwater permit. Disbursements shall be made out of said fund upon the request of the Director of Public Works and Utilities to defray such costs and expenses.

(Ord. 3376, 9/25/2009)

The Finance Director is charged with administration of said fund.

(Ord. 3376, 9/25/2009)

There is created a special fund of the City known as the "Sewer Fund." Any and all revenues received for the use of sewers as set forth herein for sewage disposal service, from the sale of by-products from a sewage treatment plant or from any other source of rental, use or services rendered by such utility shall be credited to and paid into such Fund. All engineering expenses incurred in planning, designing, supervising and administering work on the Port Angeles sewer system, and all expenses of maintenance and operation of the sewer system and Sewer Department, including, but not limited to, all improvements, additions, betterments, extensions, repairs, replacements and revenue bond debt service, shall be paid out of this fund.

(Ord. 1548 § 6, 12/30/1964)

There is hereby established in the City Treasury a fund for fiscal administration and accounting of monies appropriated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund."

(Ord. 2812 § 1, 7/1/1994)

The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies.

(Ord. 2812 § 2, 7/1/1994)

The Port Angeles Chief of Police and Finance Director are charged with the administration of said fund.

(Ord. 2812 § 3, 7/1/1994)

There is hereby created a Senior Center Maintenance Fund to be established in the City Treasury for fiscal administration and accounting of monies appropriated for maintenance of the Senior Services and Community Center.

(Ord. 2850 § 1, 12/30/1994)

The Finance Director is charged with the administration of the Senior Center Maintenance Fund.

(Ord. 2850 § 2, 12/30/1994)

There is created in the City Treasury a separate fund for the waterworks of the City, known and designated as the "Water Fund", into which fund shall be paid and deposited all water rates, rents and other income or loans, the disposition of which is not otherwise provided for by ordinance or law and which are earned or received by the City waterworks.

(Ord. 759 § 1 (part), 6/12/1924)

The "Water Fund" shall be used and expended for the payment of necessary or proper expenditures or obligations on account of the waterworks of the City and for the payment necessary or proper expense incurred in or incident to the repair, renewal, purchase, construction, maintenance or extension of the waterworks of the City or repayment of loans to the waterworks or to this fund.

(Ord. 759 § 1 (part), 6/12/1924)

There is hereby established in the City Treasury a fund for the fiscal administration and accounting of revenue appropriated from the Department of the Interior for upkeep, operation, maintenance, and repairs of the City of Port Angeles municipal water treatment plant (PAWTP) and Ranney Well improvements. Interest earnings on the fund shall be administered consistent with the City's current financial investment policy. Said fund shall be entitled "Treatment Plant Operating and Maintenance Fund."

(Ord. 3371, 8/14/2009; Ord. 3230 § 1 (part), 12/30/2005)

The City has received funds from the National Park Foundation and the National Park Service (NPS). The City recognizes and accepts the following conditions placed on money paid into this fund by those entities:

Restrictions on use of funds:

A.

Prior to substantial completion of the PAWTP, funds in the "Treatment Plant Operating and Maintenance Fund" shall be used only for required costs of operating and preparing to operate the PAWTP and Ranney Well improvements.

B.

All restrictions imposed by this section on use of the OM&R funds will cease when the PAWTP construction is substantially complete.

C.

Restricted cash reserve. The amount of $1,100,000.00 in the Treatment Plant Operating and Maintenance Fund shall be restricted from any use other than the reserve required by the terms of the City's outstanding 1998 or 2003 water/wastewater revenue bonds or any bond or bonds issued later to refund one or both of those bonds.

(Ord. 3371, 8/14/2009; Ord. 3355, 1/16/2009; Ord. 3230 § 1 (part), 12/30/2005)

The "Treatment Plant Operating and Maintenance Fund" shall be used and expended only: (1) for the payment of necessary or proper expenditures or obligations incurred in or incident to the repair, upkeep, maintenance or operation of the PAWTP and Ranney Well improvements; (2) usual expenses related to the administration of the fund; and (3) as authorized in section 3.42.030 below. Disbursements shall be made out of said fund upon the request of the Director of Public Works and Utilities to defray such costs and expenses.

(Ord. 3371, 8/14/2009; Ord. 3355, 1/16/2009; Ord. 3230 § 1 (part), 12/30/2005)

The City's Director of Finance is authorized to restrict so much of the "Treatment Plant Operating and Maintenance Fund" as may be necessary to satisfy the reserve required by the terms of the refunded water/wastewater revenue bonds issued in 1998 and 2003. Any such restriction shall be stated in writing and filed with the City Clerk, and comply with Municipal Securities Continuing Disclosure.

(Ord. 3371, 8/14/2009; Ord. 3355, 1/16/2009; Ord. 3230 § 1 (part), 12/30/2005)

The Finance Director is charged with the administration of said fund.

(Ord. 3230, § 1 (part), 12/30/2005)

There is hereby established in the City Treasury a special fund for the fiscal administration and accounting for revenue and expenditures associated with the Port Angeles Transportation Benefit District transportation improvement projects. Said fund shall be designated and known as the "Port Angeles Transportation Benefit District Fund."

(Ord. 3600 § 1, 12/5/2017)

All sums collected by the Department of Revenue from the Port Angeles Transportation Benefit District sales and use tax shall be deposited and kept in the "Port Angeles Transportation Benefit District Fund."

(Ord. 3600 § 1, 12/5/2017)

The "Port Angeles Transportation Benefit District Fund" shall be used and expended only for: (1) the payment of necessary or proper expenditures or obligations incurred in or incident to Port Angeles Transportation Benefit District projects that preserve, maintain, and operate the existing transportation infrastructure of the City; and (2) usual expenses related to the administration of the fund.

(Ord. 3600 § 1, 12/5/2017)

The City of Port Angeles Finance Department is charged with the accounting, management, and reporting of said fund.

(Ord. 3600 § 1, 12/5/2017)

A.

The Park and Recreation Fund is abolished as a separate fund and is merged into the Current Expense Fund as an operating department.

B.

The Cemetery Fund is abolished as a separate fund and is merged into the current expense fund as an operating department.

(Ord. 1898 § 1, 1/1/1977; Ord. 1838 §§ 1(b), (c), 12/31/1974)

The mergers set forth in section 3.44.010 shall be effective as of December 31, 1974, and the surviving funds named in each subsection thereof shall assume all assets and liabilities of the abolished fund merged with it effective as of that date.

(Ord. 1838 § 2, 12/31/1974)

There is hereby created a four percent sales tax as provided in this chapter.

(Ord. 2980 § 1 (part), 2/13/1998; Ord. 1854 § 1 (part), 5/20/1975)

There is hereby levied a special excise tax of four percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property; provided, that it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

(Ord. 2980 § 1 (part), 2/13/1998; Ord. 1854 § 1(a), 5/20/1975)

The definitions of "selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied herein.

(Ord. 1854 § 1(b), 5/20/1975)

The tax herein levied shall be in addition to any license fee or any tax imposed or levied under any other ordinance of the City of Port Angeles.

(Ord. 1854 § 1(c), 5/20/1975)

There is hereby created a special fund in the Treasury of the City. All such taxes collected herein shall be placed in such fund for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized by Chapter 67.28 RCW, as now or hereafter amended.

(Ord. 2980 § 1 (part), 2/13/1998; Ord. 2529 § 1, 4/27/1989; Ord. 1854 § 1(d), 5/20/1975)

For the purpose of the tax levied herein:

A.

The Department of Revenue of the State of Washington is hereby designated as the agent of the City for the purpose of collection and administration.

B.

The administrative provisions contained by RCW 82.08.050 through 82.08.070 and in Chapter 82.32 RCW shall apply with respect to administration and collection by the Department.

C.

All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are hereby adopted.

D.

The Department is hereby empowered, on behalf of the City of Port Angeles to prescribe such special forms and reporting procedures as the Department may deem necessary.

(Ord. 2980 § 1 (part), 2/13/1998; Ord. 1854 § 1(e), 5/20/1975)

Any person violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted thereto, upon conviction thereof, shall be punished by a fine of a sum not to exceed $250.00. Each day of violation will be considered a separate offense.

(Ord. 1854 § 1(f), 5/20/1975)

Any seller who is required to collect any tax under the provisions of this chapter and RCW 67.28.180 for the City of Port Angeles shall pay over such tax as required by the terms of this chapter, and the first two percent of such tax shall be deducted from the amount of tax such seller would otherwise be required to collect and to pay over to the Tax Commission under Ch. 82.08 RCW; provided, that nothing in this Section shall prevent the Department of Revenue from collecting on behalf of the City of Port Angeles, the tax imposed by this chapter.

(Ord. 2980 § 1 (part), 2/13/1998; Ord. 1854 § 2, 5/20/1975)

For the purposes of this chapter the words and terms used shall have the same meaning as each has under Chapter 9.46 RCW, as amended, and under the rules of the Washington State Gambling Commission, Title 230 WAC, unless otherwise specifically provided or the context in which they are used herein clearly indicates that they be given some other meaning.

(Ord. 1847 § I, 3/1/1975)

There is levied upon all persons, associations and organizations conducting or operating within this jurisdiction any of the activities listed below, a tax in the following amounts to be paid to the City; provided that for the year 1987 only, any agricultural fair authorized under the provisions of Chapters 15.76 or 35.37 RCW, which conducts any activity governed by the terms of this chapter and by Chapter 9.46 RCW, shall pay a tax of $150.00, in lieu of any tax assessed against gross receipts from gambling activities by the terms of this chapter:

A.

Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash, and paid for merchandise, actually awarded as prizes during the taxable period, multiplied by the rate of five percent;

B.

Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash, and paid for merchandise, actually awarded as prizes during the taxable periods, multiplied by the rate of five percent; PROVIDED, that no tax shall be paid by any bona fide charitable or non-profit organization as defined in RCW 9.46.020(3) for the first two raffles in any given calendar year, beginning on or after January 1, 1986;

C.

Any punchboards or pull tabs for bona fide charitable or nonprofit organizations, in the amount of the gross receipts directly from the operation of the punchboards or pull tabs less the amount awarded as cash or merchandise prizes, multiplied by the rate of ten percent.

Any punchboards or pull tabs for commercial stimulant operators, in the amount of the gross receipts directly from the operation of the punchboards or pull tabs less the amount awarded as cash or merchandise prizes, multiplied by the rate of ten percent.

(Ord. 3041, 12/21/1999; Ord. 2967, 9/26/1997; Ord. 2789 § 7, 1/1/1994; Ord. 2727 § 1, 12/25/1992, Ord. 2456 § 1, 9/2/1987; Ord. 2407 § 1, 7/28/1986; Ord. 2345 § 1, 7/1/1985; Ord. 2308 § 1, 8/18/1984; Ord. 2263 § 1, 8/15/1983; Ord. 2219 § 1, 6/28/1982; Ord. 2164, 8/4/1981; Ord. 2095 § 1, 8/13/1980; Ord. 2039 § 1, 8/18/1979; Ord. 1939, 9/8/1977; Ord. 1847 § II, 3/1/1975)

Cardrooms shall pay to the Finance Department a sum of ten percent of the gross income derived from cardrooms licensed by the Washington State Gambling Commission; excepting that social cardrooms where no charge is made by the operator thereof to those playing cards therein shall pay to the Finance Department the sum of $100.00 for each year of operation.

The ten percent of gross income referred to in the preceding paragraph shall be paid not later than 20 days from the period it is reported, as set forth below:

January 1st through March 31st

April 1st through June 30th

July 1st through September 30th

October 1st through December 31st.

The annual fee provided above for social cardrooms where no charge is made to the players shall be paid not later than ten days from the end of each calendar year. Existing social cardrooms paying the fixed fee established by this section shall pay $75.00 for the year 1975. Social cardrooms commencing operation after the effective date of the ordinance codified in this section shall pay a fee prorated as of the time they are in operation during their first year.

(Ord. 1848 § 1, 3/27/1975; Ord. 1831 § 23, 9/26/1974)

Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year, shall be due and payable in quarterly installments, and remittance therefor, together with return forms, shall be made to the City, on or before the last day of the month next succeeding the quarterly period in which the tax accrued, that is, on January 31st, April 30th, July 31st, and October 31st of each year; provided that the following exceptions to this payment schedule shall be allowed, or required:

A.

Except as provided in B. below, whenever any person, association or organization taxable hereunder conducting or operating a taxable activity on a regular basis discontinues operation of that taxable activity for a period of more than six consecutive months, or quits business, sells out, or otherwise disposes of its business, or terminates the business, any tax due hereunder shall become due and payable, and such taxpayer shall, within the day thereafter, make a return and pay the tax due.

B.

It is recognized that some bona fide charitable or bona fide non-profit organization taxpayers will be conducting or operating taxable activities only upon an occasional and random basis. Except as provided in C. below, when such a taxpayer conducts only one taxable activity during any calendar quarter, the duration of each such activity does not exceed five consecutive calendar days, and the gross receipts therefrom do not exceed $50.00 per quarter, that taxpayer need not remit the tax due with a return therefor until on or before January 31st of the year following the year in which the activity took place. Such return shall be made upon a special form to be supplied by the Finance Director. First payment and returns under this subsection shall be made on or before January 31, 1976.

C.

Whenever it appears to the Finance Director that the collection of taxes from any person, association or organization may be in jeopardy, the Finance Director, after not less than 30 days notice to the taxpayer, is authorized to require that taxpayer to remit taxes and returns at such shorter intervals than quarterly or annually, as the Finance Director shall deem appropriate under the circumstances.

(Ord. 1847 § III, 3/1/1975)

Administration and collection of the various taxes imposed by this chapter shall be the responsibility of the Finance Director. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the Finance Director. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate and complete.

The Finance Director is authorized, but not required, to mail to taxpayers forms for returns. Failure of the taxpayer to receive such a form shall not excuse a taxpayer from making the return and timely paying all taxes due. The Finance Director shall make forms available to the public in reasonable numbers in the Finance Department during regular business hours.

In addition to the return form, a copy of the taxpayer's quarterly report to the Washington State Gambling Commission required by Ch. 230-08 WAC for the period in which the tax accrued, shall accompany remittance of the tax amount due.

(Ord. 1847 § IV, 3/1/1975)

Taxes payable under this chapter shall be remitted to the Finance Director on or before the time required by bank draft, certified check, cashier's check, personal check, money order, or in cash. If payment is made by draft or check, the tax shall not be deemed paid until the draft or check is honored in the usual course of business, nor shall the acceptance of any sum by the Finance Director be an acquittance or discharge of the tax unless the amount paid is the full amount due. The return, and copy of quarterly report to the Washington State Gambling Commission, shall be filed in the office of the Finance Director after notation by that office upon the return of the amount actually received from the taxpayer.

(Ord. 1847 § V, 3/1/1975)

If full payment of any tax or fee due under this chapter is not received by the Finance Director on or before the date due, there shall be added to the amount due a penalty fee as follows:

A.

One to ten days late—Three percent of tax due;

B.

11 to 20 days late—Six percent of tax due;

C.

21 to 31 days late—Nine percent of tax due;

D.

32 to 60 days late—12 percent of tax due but in no event shall the penalty amount be less than $10.00. In addition to this penalty, the Finance Director may charge the taxpayer interest at the annual rate of 12 percent on all taxes and fees due for the time that such amounts are past due.

Failure to make payment in full of all tax amounts, penalties and interest within 60 days following the day the tax amount initially became due shall be both a civil and a criminal violation of this section.

(Ord. 1847 § IV, 3/1/1975)

In order that the City of Port Angeles may identify those persons who are subject to taxation under this chapter, each person, association or organization shall file with the Finance Director a sworn declaration of intent to conduct an activity taxable under this chapter upon a form to be prescribed by the Finance Director together with a copy of the license issued therefor by the Washington State Gambling Commission. The filing shall be made not later than ten days prior to conducting or operating the taxable activity. No fee shall be charged for such filing, which is not for the purpose of regulation of this activity but for the purposes of administration of this chapter only.

Failure to timely file shall not excuse any person, association or organization from any tax liability.

(Ord. 1847 § VII, 3/1/1975)

Each person, association, or organization engaging in an activity taxable under this chapter shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than three years. In addition, all information and items required by the Washington State Gambling Commission under Ch. 230-08 WAC, and the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the periods required by those agencies.

All books, records, and other items required to be kept and maintained under this section shall be subject to, and immediately made available for, inspection and audit at any time, with or without notice, at the place where such records are kept, upon demand by the Finance Director or his designees, for the purposes of enforcing the provisions of this chapter.

Where a taxpayer does not keep all of the books, records or items required to be kept or maintained under this section in this jurisdiction so that the Finance Director may examine them conveniently, the taxpayer shall either:

A.

Produce all of the required books, records or items within this jurisdiction for such inspection within ten days following a request of the local official that he do so; or

B.

Bear the actual cost of inspection by the Finance Director or his designee, at the location at which such books, records or items are located, provided that a taxpayer choosing to bear these costs shall pay in advance to the Finance Department the estimated cost thereof, including but not limited to, round trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual amount due, or to be refunded, for expenses shall be determined following said examination of the records.

A taxpayer who fails, neglects or refuses to produce such books or records whether within or without this jurisdiction, in addition to being subject to other civil and criminal penalties provided by this chapter, shall be subject to a jeopardy fee or tax assessment by the Finance Director.

This penalty fee or jeopardy assessment shall be deemed prima facie correct and shall be the amount of fee or tax owing the Finance Department by the taxpayer unless he can prove otherwise by competent evidence. The taxpayer shall be notified by mail by the Finance Director of the amount of tax so determined by jeopardy assessment, together with any penalty and/or interest, and the total of such amounts shall thereupon become immediately due and payable.

(Ord. 1847 § VIII, 3/1/1975)

If, upon application by a taxpayer for a refund or for an audit of his records, or upon any examination of the returns or records of any taxpayer, it is determined by the Finance Director that within three years immediately preceding receipt by the Finance Director of the application by the taxpayer for a refund, or an audit, or, in the absence of such an application, within the three years immediately preceding the commencement by the Finance Director of such examination:

A.

A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due to the City within such period of three years shall be credited to the taxpayer's account or shall be credited to the taxpayer at the taxpayer's option. No refund or credit shall be allowed with respect to the Finance Director more than three years before the date of such application or examination; or

B.

A tax or other fee has been paid which is less than that properly due, or no tax or other fee has been paid, the Finance Director shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessments or fees, and it shall be a separate, additional violation of this chapter, both civil or criminal, if the taxpayer fails to make payment in full within ten calendar days of such mailing.

(Ord. 1847 § IX, 3/1/1975)

If any taxpayer fails, neglects or refuses to make and file his return as and when required under this chapter the Finance Director is authorized to determine the amount of tax payable, together with any penalty and/or interest assessed under the provisions of this chapter, and by mail to notify such taxpayer of the amount so determined, which amount shall thereupon become the tax and penalty and/or interest and shall become immediately due and payable.

(Ord. 1847 § X, 3/1/1975)

The Finance Director shall have the power, and it shall be his duty, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with superior law, for the purpose of carrying out the provisions hereof, and it shall be unlawful to violate or fail to comply with any such rule or regulation.

(Ord. 1847 § XI, 3/1/1975)

Any tax due and unpaid under this chapter and all penalties or fees shall constitute a debt to the City, a municipal corporation, and may be collected by court proceedings the same as any other debt in like amount which shall be in addition to all other existing remedies.

(Ord. 1847 § XII, 3/1/1975)

The right of recovery by the City from the taxpayer for any tax provided hereunder shall be outlawed after the expiration of three calendar years from the date the tax became due. The right of recovery against the City because of overpayment of tax by any tax-payer shall be outlawed after the expiration of three calendar years from the date such payment was made.

(Ord. 1847 § XIII, 3/1/1975)

Any person violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the Finance Director pursuant thereto, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300.00, or by imprisonment in the City Jail for a term not exceeding 90 days, or by both such fine and imprisonment.

Any taxpayer who engages in, or carries on, any gambling activity subject to a tax hereunder without having complied with the provisions of this chapter shall be guilty of a violation of this chapter for each day during which the gambling activity is carried on.

(Ord. 1847 § XIV, 3/1/1975)

A.

There is levied and shall be collected a leasehold excise tax on and after January 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the City through a leasehold interest as defined by Section 2, Chapter 61, Laws of 1975-76 Second Extraordinary Session, referred to in this Chapter as "The State Act."

B.

The tax shall be paid, collected, and remitted to the Department of Revenue of the State of Washington at the time and in the manner prescribed by Section 5 of the State Act.

(Ord. 1876 § 1, 4/15/1976)

The rate of the tax imposed by Section 3.56.010 shall be four percent of the taxable rent, as defined by Section 2 of the State Act, provided that the following credits shall be allowed in determining the tax payable:

A.

With respect to a leasehold interest arising out of any lease or agreement, the terms of which were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated since that date, and excluding from such credit any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:

1.

With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate;

2.

With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate;

3.

With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate;

4.

With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the above rate.

B.

With respect to a produce lease, as defined by Section 2 of the State Act, there shall be a credit of 33 percent of the tax produced by the above rate.

(Ord. 1876 § 2, 4/15/1976)

The administration and collection of the tax imposed by the ordinance codified in this chapter shall be in accordance with the provisions of the State Act.

(Ord. 1876 § 3, 4/15/1976)

Leasehold interests exempted by Section 13 of the State Act as it now exists or may hereafter be amended shall be exempt from the tax imposed pursuant to section 3.56.010.

(Ord. 1876 § 4, 4/15/1976)

The City consents to the inspection of such records as are necessary to qualify the City for inspection of records of the Department of Revenue pursuant to RCW 82.32.330.

(Ord. 1876 § 5, 4/15/1976)

The Mayor of the City is authorized to execute a contract with the Department of Revenue of the State for the administration and collection of the tax imposed by section 3.56.010, provided that the City Attorney shall first approve the form and content of the contract.

(Ord. 1876 § 6, 4/15/1976)

Any person violating or failing to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300.00 or by imprisonment in the City Jail for a term not exceeding 90 days, or by both such fine and imprisonment.

(Ord. 1876 § 8, 4/15/1976)

All of the provisions contained in Chapter 3 of the Port Angeles Municipal Code shall have full force and application with respect to taxes imposed under the provisions of this chapter except as may be expressly stated to the contrary herein.

(Ord. 3353, 1/1/2009)

The definitions contained in Chapter 3 of the Port Angeles Municipal Code shall be fully applicable to this chapter except as may be expressly stated to the contrary herein. The following additional definitions shall apply throughout this chapter:

A.

"Commercial parking business" means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged for the act or privilege of parking motor vehicles.

B.

"Commercial parking lot" means a covered or uncovered area with stalls used for the purpose of parking motor vehicles for a fee.

C.

"Parking tax" means the commercial parking tax imposed by this chapter.

D.

"Director" means the Finance Director of the City of Port Angeles.

(Ord. 3353, 1/1/2009)

A.

Pursuant to RCW 82.80.030, there is imposed on every person a tax for the act or privilege of parking a motor vehicle in a commercial parking lot within the City that is operated by a commercial parking business. The privilege of parking includes the right to park, whether or not the right is exercised.

B.

The amount of the parking tax shall be equal to the parking fee multiplied by the parking tax rate. Effective January 1, 2009, the parking tax rate is imposed at ten percent.

(Ord. 3353, 1/1/2009)

A.

The measure of the parking tax is the parking fee. Parking fee means the fee paid or due for the act or privilege of parking a motor vehicle in a commercial parking lot.

B.

If, in a lease of nonresidential space, a parking fee is combined with other payments, or is otherwise not separately stated, or does not result from an arm's length transaction, or does not fairly reflect the value of the act or privilege of parking, the parking fee shall be determined by the Finance Director according to rules promulgated by the Finance Director to establish the parking fee based on the fair market value of the act or privilege of parking.

C.

It shall be conclusively presumed that the posted parking prices do not include the parking tax unless all the following conditions are met:

1.

The fee is advertised as including the tax or that the commercial parking business is paying the tax;

2.

The words "tax included" are stated immediately following the advertised or posted prices in print size at least half as large as the advertised or posted prices print size; and

3.

All advertised or posted parking prices and the words "tax included" are stated in the same medium, whether oral or visual, and if oral, in substantially the same inflection and volume.

If these conditions are satisfied, then price lists, reader boards, and other price information mediums need not show separately the parking fee and the actual amount of commercial parking tax being collected.

(Ord. 3353, 1/1/2009)

The following are exempt from the parking tax:

A.

Parking permits purchased for a reserved 30-day parking stall.

B.

Parking of a motor vehicle owned or controlled by a natural person in a stall provided with that person's residence.

C.

Parking at stadiums and exhibition centers which the City is precluded from taxing pursuant to RCW 36.38.040.

D.

Parking on City of Port Angeles streets.

(Ord. 3353, 1/1/2009)

A commercial parking business or person acting on its behalf shall collect the amount of the parking tax from the person paying the parking fee at the time payment is made. The parking tax shall be stated separately from the parking fee on all instruments evidencing the parking fee. Except when all requirements of section 3.60.040.B. are satisfied, it shall be conclusively presumed that the parking fee does not include the parking tax. The presumption is not overcome by any oral or written agreement between the parties.

The person receiving payment of the parking fee shall remit the parking tax to the Finance Director according to the provisions contained in Port Angeles Municipal Code Chapter 3.60. The parking tax shall be deemed held in trust by the person required to collect the same until remitted to the Director. Any person who fails to collect the parking tax, or who collects the parking tax but fails to remit the parking tax to the Director, shall be liable to the City for the amount of such tax. Such person shall, unless the remittance is made as required in this section, be guilty of a violation of this chapter whether such failure be the result of the person's own act or the result of acts or conditions beyond its control.

(Ord. 3353, 1/1/2009)

The proceeds of the tax imposed herein shall be used for transportation purposes in accordance with RCW 82.80.070. To the extent permitted by applicable law the City may issue bonds, notes, or other evidences of indebtedness payable wholly or in part from the parking tax and may pledge and may apply such tax to the payment of principal of, interest on, and premium (if any) on such bonds, notes, or other evidences of indebtedness and to the payment of costs associated with them.

(Ord. 3353, 1/1/2009)

There is hereby imposed an excise tax on each sale of real property within the corporate limits of the City of Port Angeles at the rate of one-quarter of one percent of the selling price, as authorized by RCW 82.46.010, and an additional excise tax at the rate of one-quarter of one percent of the selling price, as authorized by RCW 82.46.035. The Finance Director shall separately account for the revenues generated by said taxes in funds entitled "Real Estate Excise Tax One Fund #105" and "Real Estate Excise Tax Two Fund #160."

(Ord. 3066, 12/06/2000; Ord. 3033, 11/26/1999; Ord. 2598 § 1, 7/13/1990)

The tax imposed herein shall be collected from persons who are taxable by the State under Chapter 82.45 RCW and Chapter 458-61 WAC upon the occurrence of any taxable event as therein defined within the corporate limits of the City of Port Angeles.

(Ord. 2598 § 2, 7/13/1990)

The tax imposed herein shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the State under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters shall apply as though fully set forth herein.

(Ord. 2598 § 3, 7/13/1990)

A.

The County Treasurer shall place one percent of the proceeds of the taxes imposed herein in the County current expense fund to defray costs of collection.

B.

The remaining proceeds from the taxes imposed herein shall be distributed to the city monthly and shall be placed by the City Finance Director in a municipal capital improvements fund to be used for municipal improvements.

C.

This section shall not limit the existing authority of the City to impose special assessments on property specially benefitted thereby in the manner prescribed by law.

(Ord. 2598 § 4, 7/13/1990)

The tax imposed herein and any interest or penalties thereon is a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages.

(Ord. 2598 § 5, 7/13/1990)

The tax imposed herein is the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement is not an election to forego the other.

(Ord. 2598 § 6, 7/13/1990)

The tax imposed herein shall be paid to and collected by the Treasurer of Clallam County. The County Treasurer shall act as agent for the City. The County Treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate tax affidavit in the case of used mobile home sales. A receipt issued by the County Treasurer for the payment of the tax imposed herein shall be evidence of the satisfaction of the lien imposed in section 3.62.050 of this chapter and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the County Auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the County Treasurer.

(Ord. 2598 § 7, 7/13/1990)

The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so paid within 30 days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment.

(Ord. 2598 § 8, 7/13/1990)

Any contest of the application of the real estate excise tax or any other petition for a refund shall comply with WAC 458-61-100, as now or hereafter amended. Any refund made shall be withheld from the next monthly distribution to the City.

(Ord. 2598 § 9, 7/13/1990)

The City Council finds it necessary to provide a procedure for the collection of contractual accounts receivable for City services and fees. In order to effectuate such collection, the Council deems it necessary and appropriate to provide for the imposition of an interest charge on delinquent payments, to allow the City to refuse to grant certain services to persons with delinquent accounts, and to acquire the completion and approval of a credit application prior to authorization of accounts receivable. The City Council further finds it necessary and appropriate to provide for the imposition of an interest charge on amounts due the City on noncontractual claims.

(Ord. 2893 § 1, 10/27/1995; Ord. 2112 § 1, 1/18/1981)

A.

"City" means the City of Port Angeles.

B.

"Person" means any person, corporation, association, partnership, venture, society, club or organization whatsoever.

C.

"Responsible official" means the City Manager, Finance Director, or their designee.

(Ord. 2893 § 2, 10/27/1995; Ord. 2112 § 2, 1/18/1981)

A.

The responsible official may authorize creation of an account receivable for any person requesting services from the City for which a fee is charged, or making application to the City for a permit for which a fee is charged.

B.

Prior to authorizing an account receivable, completion and approval of a credit application and payment of a credit check fee is required in the amount set forth in a resolution authorized by Chapter 1.25 PAMC.

C.

In lieu of authorizing an account under subsection A., the responsible official may require a cash deposit, in an amount estimated to be sufficient to assure payment of the estimated amount of the fee to be due to the City. Such deposit shall be placed by the City into a noninterest bearing trust account, and shall only be withdrawn therefrom at the time of full payment of the fee.

D.

Should an account receivable for which a deposit has been made become delinquent, the City may remove so much of the deposit from the trust account as is necessary to fully pay the fee. The remainder, if any, of the deposit shall be returned to the depositor.

E.

A person required to make a deposit under this section may authorize payment of the fee to the City from the deposit, in writing, at the time the deposit is made.

(Ord. 3719 § 1, 9/5/2023; Ord. 2932 § 11, 10/11/1996; Ord. 2893 § 3, 10/27/1995; Ord. 2112 § 3, 1/18/1981)

A.

The responsible official shall establish a monthly system of billing for services and fees to which this chapter applies.

B.

Once prepared, bills shall be delivered to the applicant for a permit, or the recipient of the service, by depositing the bill in the United States mail, addressed to the address shown on the request for service or the permit application.

(Ord. 2112 § 4, 1/18/1981)

All bills are due and payable without further notice when properly deposited by the City in the United States mail.

(Ord. 2112 § 5, 1/18/1981)

All utility bills are due and payable, without further notice, when properly deposited by the City in the United States mail. All utility bills of the City shall be past due if payment therefor is not received by the City on or before the 25th day after the bill date posted on the bill. The due date shall be stated on the bill with particularity.

(Ord. 3531 § 1, 3/17/2015; Ord. 3501 § 1, 5/6/2014; Ord. 2807 § 1, 5/13/1994; Ord. 2112 § 6, 1/18/1981)

If a bill becomes delinquent, the responsible official may assess an interest charge against the amount of that bill, at the rate of one percent per month on the unpaid balance, commencing with the date of delinquency. The minimum interest charge assessed shall be $0.50.

(Ord. 2693 § 1 (part), 8/1/1992; Ord. 2112 § 7, 1/18/1981)

All billings for utility services remaining unpaid at the close of business on the 33rd day after the bill date shall be delinquent. Interest on delinquent utility bills shall be assessed in accordance with PAMC 13.16.062 and be assessed interest at the rate of one percent per month on the unpaid balance, commencing with the date of delinquency.

(Ord. 3531 § 2, 3/17/2015; Ord. 3501 § 2, 5/6/2014; Ord. 2791, § 1, 1/28/1994; Ord. 2693 § 1 (part), 8/1/1992)

If a bill becomes delinquent, no officer, agent or employee of the City may authorize or permit any further City services, or process any application for a permit from the City, at the request of the person in whose name an account stands delinquent, until such time as the delinquent account is paid in full with interest; provided, that this provision shall not apply to the provision of electric current, water, sewer service, and garbage pickup service, not including the provision by the electrical, water, sewer and solid waste utilities of connections, inspections, engineering and other like services.

(Ord. 2112 § 8, 1/18/1981)

Sections 3.64.010 through 3.64.080 shall apply to services provided, and fees charged, under the following City ordinances or portions of this Code:

A.

Chapter 8.32;

B.

Chapter 11.04;

C.

Chapter 13.02;

D.

Chapter 13.08;

E.

Chapter 14.04;

F.

Chapter 15.04;

G.

Chapter 15.08;

H.

Ordinance No. 1004, and all amendments thereto;

I.

Ordinance No. 1631, and all amendments thereto;

J.

Ordinance No. 1709, and all amendments thereto;

K.

Ordinance No. 1923, and all amendments thereto.

(Ord. 2112 § 9, 1/18/1981)

For claims by the City against a person, not based upon an account created pursuant to section 3.64.030, the responsible official may assess an interest charge against the amount of that claim, at the rate of one percent per month on the unpaid balance, commencing with the date of accrual of the claim. The minimum interest charge assessed shall be $0.50.

(Ord. 2112 § 10, 1/18/1981)

The City and each of its departments are hereby granted authority to use collection agencies to the full extent authorized pursuant to RCW 19.16.500.

(Ord. 3182 § 2 (part), 12/31/2004)

Each City department is authorized to administer the collection of costs, charges, fees, and penalties due to the department or to the City by use of a collection agency pursuant to RCW 19.16.500. Any amounts not paid within 30 days may be assigned for collection. The City and each of its departments are authorized to enter into agreements with collection agencies to carry out the purpose of this chapter.

(Ord. 3182 § 2 (part), 12/31/2004)

If the collection agency pursues a debt in a court action, the collection agency is authorized to collect all costs of litigation, including attorney's fees and court costs, and other amounts as authorized by law.

(Ord. 3182 § 2 (part), 12/31/2004)

If on the first day of January in any year, two installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent for more than one year, an action for foreclosure of the delinquent assessment or delinquent installments thereof shall be commenced on or before August 1st of such year. Prior to the commencement of any such action, the City shall comply with the procedural requirements of Chapter 35.50 RCW, concerning the commencement of such foreclosure actions.

(Ord. 2898, 12/1/1995; Ord. 2202 § 1, 3/15/1982)

Any person liable for payment of an LID annual assessment may make payments upon the total assessment prior to its due date, on a monthly basis. The Director of Finance and Administrative Services is authorized to collect and hold such payments, and to credit them against the annual installment upon its due date. Payments made under the terms of this section shall not affect the principal or interest due on the annual installment.

(Ord. 2202 § 3, 3/15/1982)

Upon the failure to pay any installment of a local improvement district assessment, the entire assessment shall become due and payable. Payment of the entire assessment may be enforced by an action for foreclosure brought pursuant to section 3.68.010 and Chapter 35.50 RCW; provided, that the payment of all delinquent installments together with interest, penalties and costs, at any time before entry of judgment in the foreclosure action, shall extend the time of payment of the remainder of the assessments as if there had been no delinquency or foreclosure action.

(Ord. 2202 § 2, 3/15/1982)

The City Council hereby establishes a parking and business improvement area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities and other purposes authorized by RCW 35.87A.010, for the benefit of the Downtown business area.

(Ord. 2351 § 1, 9/4/1985)

The boundaries of the PBIA are described in the attached Exhibit "A."

(Ord. 3385, 11/29/2009; Ord. 2884, 9/15/1995; Ord. 2413 § 1, 11/12/1986; Ord. 2360 § 1, 11/22/1985; Ord. 2351 § 2, 9/4/1985)

The rate for the annual assessment for businesses in the PBIA is set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) and will be billed in quarterly [installments]. For the purpose of assessment, "business area" is defined as gross business and business support space. Businesses which provide up to 50 percent of their off-street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level.

(Ord. 3719 § 1, 9/5/2023; Ord. 3168, 9/17/2004; Ord. 2884, 9/15/1995; Ord. 2579, 4/25/90; Ord. 2458, 9/16/1987; Ord. 2413 § 2, 11/12/1986; Ord. 2360 § 2, 11/22/1985; Ord. 2351 § 3, 9/4/1985)

The uses to which the special assessment revenue shall be put shall be for the acquisition, construction, operation and maintenance of adequate parking facilities for the Downtown business area as declared in the initiation petition presented pursuant to RCW 35.87A.030, and other authorized purposes specified in RCW 35.87A.010.

(Ord. 2884, 9/15/1995; Ord. 2413 § 2, 11/12/1986; Ord. 2360 § 2, 11/22/1985; Ord. 2351 § 4, 9/4/1985)

PBIA Boundary Map - Exhibit "A"

(Ord. 3385, 11/29/2009; Ord. 2884, 9/15/1995; Ord. 2413 § 1, 11/12/1986; Ord. 2360 § 1, 11/22/1985; Ord. 2351 § 2, 9/4/1985)

Apprentices shall be utilized on the construction of all public works in accordance with this chapter.

(Ord. 3496 § 1, 2/18/2014)

A.

"Apprentice" means an apprentice enrolled in a State of Washington apprenticeship training program.

B.

"Apprentice utilization requirement" means the requirement established by this chapter that no less than 15 percent of the total reported labor hours involved in a public works project be performed by apprentices.

C.

"Contractor" means a person, corporation, partnership, limited liability company, or joint venture entering into a contract with the City to construct a public work.

D.

"Director" means the Director of Public Works and Utilities, Director's designee.

E.

"Emergencies" means unforeseen circumstances beyond the control of the City that either:

1.

Present an immediate threat to the proper performance of essential functions; or

2.

Will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

F.

"Bid amount" means the actual bid submitted by a contractor to perform a public work, including costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds.

G.

"Labor hours" means the total hours of workers receiving an hourly wage who are directly employed on the site of the public works project. "Labor hours" shall include hours performed by workers, including foremen, employed by the contractor and all subcontractors working on the project. "Labor hours" shall exclude hours worked by superintendents, owners, and workers who are not subject to prevailing wage requirements.

H.

"Public work" refers to all City funded construction projects that constitute a public work pursuant to RCW 39.04.010, as now or hereafter amended, in which the awarded bid amount is $1,000,000.00 or more at the time of contract advertisement.

I.

"State-approved apprenticeship training program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council.

J.

"Subcontractor" means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor.

(Ord. 3496 § 1, 2/18/2014)

A.

Apprentices utilized in accordance with this chapter must be enrolled in state-approved apprenticeship programs.

B.

Notice of the apprenticeship requirements of this chapter shall be included in all instructions to bidders for projects on which the bid amount is reasonably expected to be $1,000,000.00 or more.

C.

The provisions of this chapter are intended to impose a requirement on companies awarded certain public works contracts. These provisions are not intended to create a legal duty on the officers and employees of the City of Port Angeles. These provisions are not intended to confer on any third parties a cause of action or claim for relief against the City, and these provisions shall not be used as a basis for a lawsuit challenging the award of any contract by the City of Port Angeles.

(Ord. 3496 § 1, 2/18/2014)

Apprentices shall be utilized for the construction of public works by contractors and subcontractors in accordance with this section.

1.

Apprenticeship utilization program requirement. Public works by contracts shall require that 15 percent minimum of the contract labor hours. The 15 percent contract labor hours may be an aggregate of both contractor and subcontractor apprentice manhours.

2.

Contract requirements. The contract documents for such public works construction projects shall include provisions imposing the apprentice labor requirements established in this chapter. Such contractual provisions may include liquidated damages. The Director is hereby authorized to calculate for each project a liquidated damages amount, calculated to reimburse the City for the contractor's breach of this chapter.

3.

The City will make available an apprenticeship utilization plan form, which identifies the intended usage of apprentices by the contractor and/or any subcontractors to be submitted and used in evaluation of successful bidder in awarding of the public works contract. If the contractor cannot show its 15 percent minimum apprentice hours proposal, the bid may be deemed non-responsive by the City.

4.

Failure to meet utilization goal. Failure by a contractor to comply with established apprenticeship requirements, unless otherwise reduced or waived in writing as set forth below, shall be deemed a breach of contract for which the City shall be entitled to all remedies allowed by law.

Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor's responsibility for award of future contracts with the City.

5.

Reduction or waiver. The Director, or his designee, may reduce or waive the requirements of this section for a specific project at any time for the following reasons:

a.

An emergency exists;

b.

The demonstrated lack of availability of apprentices in specific geographic areas;

c.

A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation;

d.

The reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels;

e.

The participating contractor has demonstrated a good faith effort to comply with the requirements of this section and has been unable to retain enough apprentices.

6.

Grant funding. The provisions of this section shall not apply to the extent they are deemed to be in conflict with state or federal grant funding requirements.

7.

By entering into a public works contract, all firms, corporations, and persons subject to the provisions of this chapter agree to submit to the City all information, reports, and policies relevant to the enforcement of applicable provisions of this chapter. The City will require periodic reporting on apprentice utilization to be included with each invoice submitted to the City. Such reports shall include an apprenticeship utilization report by the contractor and subcontractors that will identify the actual work performed by apprentices for the contractor and subcontractors on a monthly basis. Required reporting will include the identification of individual apprentices by name and Washington State apprenticeship registration number, and the total apprentice labor hours worked. This provision is not intended and shall not be used to discriminate against any applicant for training.

The Director is hereby authorized to adopt administrative policies and procedures that establish the means and methods appropriate to efficiently carry out the reporting requirements of this chapter.

8.

All apprenticeship utilization requirement documentation shall be submitted in a timely manner to coincide with billing period. The City of Port Angeles will not release any construction funds until all apprenticeship utilization requirement documentation has been submitted to the City. Monthly reporting to the City is deemed necessary to ensure successful implementation of this program

9.

Upon successful completion of the public works project, the City's project manager will compile and submit a final apprenticeship report to be used by the Director for the report to City Council. Dispersing of final project funds shall be withheld until this report is completed and given to the Director.

(Ord. 3496 § 1, 2/18/2014)

The Director, or his designee, shall report to the Council upon the use of apprentices for construction projects. The report shall be part of the final contract acceptance presented to Council and will include:

1.

The percentage of labor hours actually worked by apprentices on each awarded project and the total number of labor hours on each awarded project;

2.

The number of apprentices by contractor broken down by trade and craft category;

3.

Others facts and information that demonstrate the results and consequences of the apprenticeship program established by this chapter.

(Ord. 3496 § 1, 2/18/2014)